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SUSSMAN v. CITY OF NEW YORK

88 A.D.2d 993 (1982)

David Sussman, Individually and as Administrator of The Estate of Freida Sussman, Deceased, Appellant, v. City of New York, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 28, 1982

Order affirmed, with $50 costs and disbursements.

Plaintiff seeks to recover damages resulting from the alleged negligence of the New York City Fire Department in responding to a fire in plaintiff's apartment. Special Term properly dismissed the complaint as against the city. A municipality cannot be held liable for failure to provide adequate fire protection to an individual absent the existence of a special relationship between that individual and the municipality...

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